Fact
File 
PainSmith
Solicitors Legal Update
Disability
Discrimination Act 1995
Disability
Discrimination Act and Stairs - PainSmith*
Solicitors Legal Update 23 May 2007
A
recent case before the court of Appeal has clarified
the position regarding the Disability Discrimination
Act (DDA) and it application to residential premises.
In
the case of Richmond Court (Swansea) Ltd v Dorothy
Williams the Court of Appeal was asked to consider
whether Richmond Court had discriminated against
Mrs Williams by refusing consent for her to install
a stairlift. Mrs Williams is the owner of a long
leasehold of a third floor flat but, at 81 years
old, she has had increasing difficulty negotiating
stairs. She asked her immediate landlord for permission
to install a stairlift in the common stairwell to
assist with her mobility problems which was to be
paid for entirely by a Local Authority grant.
Permission
was refused even though Richmond Court's head landlord
had no objection to the stairlift being installed.
The first judge concluded that discrimination had
occurred and this was appealed to the Court of Appeal.
In concluding that no discrimination had occurred
the Court of Appeal raised some very important points.
The
first of these relates to the duties required in
regard to property under the DDA. An employer is
under a positive duty under the DDA to make physical
adjustments to work premises where a physical feature
puts a disabled person at a disadvantage. The same
is not true of residential property. Just because
an individual is disadvantaged by some aspect of
a property there is not an automatic duty to make
adjustments except for certain minor auxiliary features
such as furnishings or door handles.
This
difference in the legislation attracted sharp commentary
from the Court of Appeal and has been the subject
of some criticism in commentary on this case. See
for example "The Legislation Should Raise Its Game"
Estates Gazette, 10 February 2007.
The
second point made by the Court was a criticism of
the Judge who initially heard the case and the way
he had reasoned his decision. Usefully, though the
Court set out a 5 stage test which should be used
when deciding if there has been discrimination:
- Identify
the treatment that is alleged to constitute discrimination
- Identify
the reason for that treatment
- Determine
if the reason relates to the person's disability
-
Identify comparable persons to whom the reason
does not apply
- Identify
if the treatment is less favourable than that
accorded to comparable persons
It
was because the treatment of Richmond Court of Mrs
Williams did not satisfy all of these tests that
the Court of Appeal concluded that she had not been
discriminated against. Specifically, Richmond Court
made clear that no person, whatever the reason,
would ever be allowed to install a stair lift in
the property and, as this was not challenged by
Mrs Williams, there was clearly no discrimination
in this matter.
The
full judgement of the Court of Appeal in this matter
can be found at http://www.bailii.org/ew/cases/EWCA/Civ/2006/1719.html.
Dr David Smith is a trainee solicitor with PainSmith
Solicitors, a niche practice specialising in residential
landlord and tenant law. He can be contacted on
01420 565310 or by email at david@painsmith.co.uk.
PainSmith
Solicitors Legal Updates are provided for information
only and are not legal advice. If you do have a
legal problem, you should talk to a lawyer or adviser
before making a decision about what to do. You may
wish to use the CLS/CDS Directory (www.justask.org.uk/public/en/directory)
to locate an adviser. The information provided here
is written for people resident in, or affected by,
the laws of England and Wales only. You should note
that date given in the update and be aware that
the information given may become inaccurate due
to changes in the law or its implementation.
____________________________________________
*
PainSmith Solicitors are a niche
practice specialising in Landlord and Tenant Law.
Based in Medstead in Hampshire, they are ideally
situated to provide an efficient service to clients
nationwide as well as those based in Central London
and the Home Counties.
For more information
or any other jml
Training
courses please
contact
us
